Development Councils (Repeal)



Development Councils (Repeal)
AN ACT TO REPEAL THE DEVELOPMENT COUNCILS ACT. NO. 35 OF 1980; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OF INCIDENTAL THERETO

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[3rd November
, 1989
]
Short title.

1, This Act may be cited as the Development Councils (Repeal) Act, No. “14 of 1939.

Repeal of Act No. 35 of 1980.

2.

(1) The Development Councils Act. No. 35 of 1980 is hereby repealed.

(2) Not withstanding the preceding provisions of this section”

(a) section 17A of the Development Councils Act, No. 35 of 1980 (in this section referred to as ” the repealed Act “) shall continue in force, and accordingly, every Gramodaya Mandalaya, established under that section shall continue to exercise and discharge the powers and functions conferred on, and assigned to such Mandalayas by that section or by other written law (either than such of those powers and functions as relate to Development Councils);

(b) all regulations made under section 71 of the repealed Act, and in force on the day preceding the date of commencement of this Act, relating to the conduct of business, and the procedure for the discharge of functions,, by a Gramodaya Mandalaya shall continue in force so far as their continuance is necessary for the proper functioning of Gramodaya Mandalayas ;

(c) every District Secretary appointed under the repealed Act and holding office on the day preceding the date of commencement of this Act shall continue to hold such office for a period of sis months or such longer period as may be determined by the Minister, to assist the Commissioner in the performance of his functions under this Act and the transfer of the rights and obligations of Development Councils to local authorities.

Transitional Provision.

3.

(1)

(a) Every officer or servant of a Development Council constituted under the repealed Act holding office on the day preceding the date of commencement of this act who is a member of the local government service established by the local government service law No.16 of 1974 shall if he consents to continuing to be a member of such service continue to be a member of such service.

(b) Every officer or servant of a Development Council constituted under the repealed Act, not being an officer or servant reffered to in paragraph (a) notwithstanding anything in the local government service law No. 16 of 1974 shall if he consents in writing to becoming a member of the local government service be deemed with effect from the date of such consent to be a member of such service.

(c) An officer or servant of a Development Council Constituted under the referred to in paragraph (b) who does not consent to becoming a member of the Local government service shall be entitled to the payment of such compensation and gratuity as may be determined by the minister in consultation with the minister in charge of the subject of finance.

(2) All moneys lying on the date of commencement of this act to the credit of a development council under section 19 of the repealed Act shall stand transferred with effect from that date to the fund of such local authority as the commissioner may appoint by notice published in the Gazette.

(3) Subject to the provision of section 16 of the Pradeshiya Sabhas Act, no 15 of 1987, all-

(a) Property, movable and immovable (other than the property reffered to in subsection (2)); and

(b) assests and liabilities, of a development council constituted under the repealed act shall stand transferred with effect from the Date of commencement of this Act, to such local authority as the commissioner may appoint by notice published in the gazette.

(4) Subject to the provisions of section 16 of the Pradeshiya Sabhas Act, No. 15 of 1987, all debts owing, on the day preceding the date of commencement of this Act, to a Development Council constituted under the repealed Act, shall be deemed, with effect from the date of commencement of this Act to be debts owing to such local authority as the Commissioner may appoint by Notice published in the Gazette and may be recovered by such local authority accordingly.

(5) Subject to the provisions of section 16 of the Pradeshiya Sabhas Act, No. 15 of 1987, all contracts entered into by a Development Council constituted under the repealed Act and subsisting on the day preceding the date of commencement of this Act, shall be deemed, with effect from “he date of commencement of this Act, to be contracts entered into by such local authority as the Commissioner may appoint by Notice published in the Gazette, and may be enforced accordingly.

(6)

(a) All proceedings instituted in any court or tribunal by or against a Development Council constituted under the repealed Act and pending on the day preceding the date of commencement of this Act, shall be deemed, with effect from the date of commencement of this Act, to be proceedings instituted by or against such local authority as the Commissioner may appoint by Notice published in ‘he Gazette, aid may be continued accordingly.

(b) All decrees or orders entered by any court or tribunal, in favor of, or against, a Development Council -instituted under the repealed Act shall be deemed, with effect from the date of commencement of this Act, to be decrees or orders entered in favour of, or against, such local authority as the Commissioner may appoint by Notice published in the Gazette and may be enforced accordingly.

(7) In exercising his powers under this section the Commissioner shall act in accordance with such general or special directions as may be issued by the Minister in consultation with the’ local authorities concerned and having regard to the promotion of Local Government services.

(8) In this section”

“Commissioner” means the Commissioner of Local Government ; and

” local authority ” means a Municipal Council, an Urban Council or a Pradeshiya Sabha.